A BILL to amend and reenact §17-22-4 of the Code of West Virginia,
1931, as amended, relating to the removal of specific
statutory restrictions on outdoor advertisement.

Be it enacted by the Legislature of West Virginia:

That §17-22-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 22. OUTDOOR ADVERTISING.

§17-22-4. General restrictions as to outdoor advertising.

The following restrictions shall apply to all advertising
signs, displays and devices erected and maintained adjacent to any
roads within the state road system including federal-aid interstate
and primary roads.

(1) No advertising sign shallmay be erected or maintained
which involves rapid motion or rotation of the structure or anya
part thereof. Provided, That An advertising sign that does involveinvolves motion or rotation which is not rapid to effect changeable
messages shall beare permitted in accordance with legislative
rules to be proposed by the Division of Highways of the Department
of Transportation in accordance with the provisions of article
three, chapter twenty-nine-a of this code;

(2) No advertising display or device shallmay use the word
"stop" or "danger" or present or imply the need or requirement of
stopping or the existence of danger;

(3) No advertising sign, display or device shallmay be a copy
or imitate a traffic sign or other official sign;

(4) No advertising display or device shallmay attempt or
purport to direct traffic;

(5) No advertising sign shallmay contain lighting which is
not shielded and any lighting shall be of such low intensity as not
to cause glare or impair the vision of the operator of anya motor
vehicle;

(6) No advertising display or device shallmay be illuminated
by any rapid flashing, intermittent light or lights;

(7) No advertising display or device shallmay be painted,
affixed or attached to anya natural feature;

(8) No advertising sign, display or device shallmay hinder
the clear, unobstructed view of approaching or merging traffic or
obscure from view any traffic sign or other official sign; and

(9) No advertising sign, display or device shall be so located
as to obscuremay be located where it obscures the view of anya
connecting road or intersection.

(10) No advertising sign, display or device shall be erected
outside of any municipality, within five hundred feet of any
church, school, cemetery, public park, public reservation, public
playground or state or national forest except markers for
underground utility facilities;

(11) No advertising sign, the permit for which has been
applied for subsequent to December 31, 2003, that is composed of
stacked sign faces, one on top of the other, on the same structure,
facing the same direction, each having more than three hundred
square feet is permitted;

(12) No advertising device which is composed of separate sign
faces in a side by side formation, on the same structure, facing
the same direction, each having an area of more than three hundred
square feet is permitted;

(13) No advertising device, the permit for which has been
applied for subsequent to December 31, 2003, which contains a sign
facing a single direction may have an area greater than six hundred
seventy-two square feet. Provided, That Cutouts and extensions
which expand the area may be allowed to the extent the area is
expanded by no more than thirty percent of its original permitted
configuration;

(14) No more than one sign structure is permitted at a
location.

NOTE: The purpose of this bill is to eliminate specific
statutory restrictions on outdoor advertisement.

Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.